'Unanswered questions' but education minister found not to have broken ethics rules around school mask procurement

Minister of Education, Adriana LaGrange and Dr. Deena Hinshaw, Alberta's chief medical officer of health, provide an update on COVID-19 and back-to-school guidance in Edmonton, Friday, Aug. 13, 2021. THE CANADIAN PRESS/Jason Franson

Edmonton -

Alberta's ethics commissioner has ruled there is insufficient evidence that Education Minister Adriana LaGrange broke the Conflicts of Interest Act after a company co-founded by a UCP donor was awarded a key government contract.

IFR Workwear, a manufacturer based in LaGrange's Red Deer riding, received a contract to produce 150,000 masks in the summer of 2020 to be provided to schools the upcoming fall.

Company's co-founder Reg Radford donated $2,000 to LaGrange's constituency association ahead of the 2019 provincial election, which LaGrange won.

Ethics Commissioner Marguerite Trussler, noted such donations are allowed, but also cited "unanswered questions" about the procurement process.

"As a result of the lack of memory of several key people, even though there are grounds for suspicion, it is not possible to find, on a balance of probabilities, that Minister LaGrange interfered with the process .... to make a finding that she improperly furthered the private interest of IFR Workwear Inc. and its owners,"  her ruling reads.

LaGrange denied allegations that she breached the act and Trussler wrote she was unable to find otherwise.

"There is insufficient evidence from which to draw such an inference."

LaGrange's office says it is "pleased to see her findings confirm no ethics rules were broken."

"We thank the Commissioner for her diligence in compiling this report and we accept its findings," reads a statement from the ministry. 

"As always, our number one priority remains the wellbeing of our students, and Alberta’s government remains committed to supporting students and staff throughout the entire pandemic."

BACK-TO-SCHOOL MASKS

The province announced on Aug. 4 it would be providing 1.7 million reusable masks to Grade 4-12 students and teachers as part of its return-to-class plan.

American supplier Old Navy produced the bulk of those masks, more than 1.55 million at a cost of $2.30 per mask.

IFR Workwear's masks came in at a cost of $4.24 per mask.

Trussler noted that the final decision on suppliers was made through a recommendation by the ministry.

"There is no evidence that he or anyone else at IFR Workwear Inc. pushed to have its masks purchased for schools."

A complaint was lodged with the Office of the Ethics Commissioner and prompted an investigation that involved 16 people being interviewed under oath.

Three officials in the ministry, including the deputy education minister at the time, all testified that the minister did not "directly or indirectly tell them to give a contract for the supply of masks to IFR Workwear."

UNCERTAIN SPECIFICS

The ruling outlines how on May 16, 2020, IFR's other co-founder, Erin Buckland, emailed the premier's office expressing concern at the province's plan to provide 40 million masks free of charge.

According to her email, she felt it was unfair that government tax dollars were being used to compete with businesses like hers.

"How do we work together to minimize the financial damage this announcement will have on
businesses in a very timely manner?"

Premier Jason Kenney visited IFR Workwear on July 18 for a photo-op after the company was one of four LaGrange suggested weeks earlier as a possible venue for the premier's stop.

The ruling finds no direction to the company was made at that event, but also that it remains unclear how IFR Workwear promotional material was provided and used to award the contract.

"Government procurement rules applied by the POC do not favour local vendors unless there is a specific direction to do so."

Trussler's ruling describes how LaGrange, her chief of staff and the deputy minister all struggled to recall specifics around the procurement process.

"It does not mean they are not credible witnesses, but only that their memories are unreliable."

Two days after the contract was awarded, LaGrange wrote a letter to the ethics commissioner. 

"I would like to assure you neither myself nor my political staff had any role in the selection of vendors for these masks."

In January, La Grange's press secretary told CTV News, "Minister LaGrange only learned of the winning vendors the day details were released to media."

Trussler ruled that there wasn't enough evidence that LaGrange breached ethics rules, but that "there is no doubt that the Minister's office had some involvement with the process."